S.W.A.T. In a Neighbor’s Backyard
Anthony Bandiero here to bring you another chat. We’ve got an excellent question here from an officer in California. The officer is basically asking, “Can police go into a neighbor’s backyard during a SWAT operation?” Excellent question. So let me give you a little feedback about the scenario here. During a SWAT operation, let’s say […]
Unlocking Cellphone with Fingerprint
The answer is, “Yes.” Because fingerprints and facial ID are not testimonial, there is no recognized privacy interest in your fingerprints or in your face. So that’s generally the case. I’m also thinking of mass facial recognition software that you’re putting downtown, and you’re identifying everybody who is downtown. That implicates a different constitutional principle, […]
Vehicle Search on Curtilage
We have a great question here today from an officer in the great state of Texas. Alright, so the question is, “Can you search a vehicle on curtilage with exigency?” And let’s go to the scenario. The officer is called to a noise complaint. Upon arrival at a house, he sees a car in the […]
Can You Detain for a Fake ID?
CAN YOU DETAIN A PERSON FOR FALSE ID? This question comes from an officer in Iowa. Can a person be detained if they give you a false name during a consensual encounter? You’re having a consensual contact and you ask the person to provide their name and date of birth. They give you a name […]
Detention for Criminal Trespass
Here is our next question: Can police detain someone to issue a criminal trespass warning if they leave the location after being warned? I’ll explain what’s kind of going on here. This officer is in Texas. He asks: If a business owner or homeowner has told a subject to leave their property, and that subject […]
Drug K9 After State Legalizes Weed
Here is our next question: Can you use a marijuana trained dog after your state legalizes marijuana? This question came from an officer in Kansas. The officer said, “Hey, I got a question here. You know, our department is implementing a brand new canine program. And apparently the dog is going to be proofed on […]
Police Duty to Protect
Do police have a duty to protect others from harm? This question comes from an officer who says, “Hey, I took some training a while ago, and the presenters talked about how police do not have a duty to protect others, right? They have discretion. I’m trying to figure out where that case is.” Let’s […]
Processing Hotel Room Murder Scene
This question came from an officer yesterday in Jefferson County. It was actually kind of interesting, because what she said was, they had a call for service at a hotel, and this guy died, or let’s just say this guy was killed in a hotel room. Can we process that scene without a warrant? I […]
When Does a Hotel Room Become a Home?
Here is our next question: When does a hotel room become a home or an apartment? If a hotel room is actually constitutionally considered a true home, then you may not be able to evict the occupants without a traditional pre-approval. So let’s walk through this doctrine. Number one, hotel rooms are quasi homes, right? […]
Consent from Non-Owner to Search Vehicle
Let’s talk about non-owners of vehicles and getting their consent to search, and a few twists on that as well. My name is Anthony Bandiero, answering another roadside chat question. Alright, this question comes from an officer in Minnesota. He says, “Could a driver of a motor vehicle who is not the owner, consent to […]
Denying Consent to Search
Here’s our question from an officer in Minnesota. Does denying consent to search also end the consensual encounter? All right, good question. If, during a consensual encounter, I asked for consent to search their bag, their person, their vehicle, and they deny consent, can I continue the consensual encounter to try to build reasonable suspicion, […]
Exigency to Remove Stolen Car from Driveway
This question comes from an officer in Missouri. Basically, the question is, “What qualifies as exigency when seizing a vehicle from curtilage?” The officer goes into, some of the videos I’ve done on this issue; Episode 60, 94, 106, 282 and 324. That indicates to me that this officer is a follower of the channel, […]
Suicidal Suspects and Special Relationships
Let’s talk about suicidal suspects or subjects and the special relationship doctrines. I know every situation is different and I appreciate that definitely facts change the answer. It seems like nationally, actual best practice indicates that if you have a suicidal person that is not a danger to other people, they only present a danger […]
Frisking a Student Based on an Anonymous Tip
The question is: “Which Fourth Amendment exception allows a school police officer to search a juvenile on campus based on an anonymous tip that the juvenile has a gun?” Alright, so we’re dealing with a lot of different things here. Let’s walk through it. First off, is the tip truly anonymous? In this day and […]
Intertwining Miranda with Small Talk
Here is a new question: Can you intersperse Miranda warnings? Hello. My name is Anthony Bandiero, attorney and senior legal instructor for Blue to Gold Law Enforcement Training. This question comes from one of my officers in Southern California. He says, “Anthony, let’s talk about substantial compliance with Miranda, because in order to have a […]